#THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS. 

1. [Repealed].
2. Future Partitions to be made under provisions of Act. 
3. What Parties entitled to partition. 
4. Parties desirous of partition to apply to Collector in writing. 
5. Application to be signed, and certain particulars specified. 
Otherwise may be rejected. 
6.  Procedure of Collector on receipt of application. 
Notice to proprietors who have not joined therein. 
Proclamation in case of service of notice being impracticable.
7. In case of valid objection being made within time allowed, application may be refused.
8. Procedure if question of title, or of proprietary right, be raised. 
Reference to arbitrators.
9. Decision of Collector equivalent to decision of civil Court, and open to appeal. 
Appellate Court may, on appeal, stay partition. 
10. Special appeal to Sadr Court..  
11. Civil Court to entertain suits only on appeal from decision of Collector. 
12. Notification on partition being ordered. 
13. Partition by whom carried out. 
14. Assessment and levy of costs incurred in making partition. 
15. Partition may be stayed, and proceedings quashed, by Commissioner. 
Decision not open to revision by civil Court.
16. Procedure after lapse of period mentioned in notification under section XII. 
17. Examination of parties and their papers. 
18. Options of settlement by private agreement. 
Procedure in case of refusal or default. 
19.  If parties cannot agree as to arbitrators, latter may be appointed by Collector. 
In case of equality of votes, Collector to act as umpire.
20. Appointment in place of arbitrator refusing, or being unable, to act. 
21. Powers of Collector with regard to arbitrators. 
22. Particulars to be specified in partition paper. 
23. Remuneration of arbitrators. 
24. In default of award by first arbitrators, partition may be referred to others. 
25. In default of Private agreement, or settlement by arbitration, officer may be appointed to 
make partition.
26. Who shall summon proprietors by proclamation to attend proceedings. 
27. Estate  may  be  attached and brought under khas management under superintendence of 
officer.
28. Procedure in case of arrears of revenue accruing during course of partition of estate. 
29. Power of officer charged with partition, in respect of measurement, &e . 
30. Division of lands held in common. 
Proviso.
31. Collector may refuse to separate lands in certain cases. 
32. Where no lands held in common, lands in severalty may be declared separate estate. 
Proviso as to transfers.
33. Sharer failing to attend after proclamation, liable to forfeit right of objection. 
34. Partition may be stayed if parties so desire.
Recovery of costs.
35. Estates formed in course of partition to be as compact as possible. 
36. Revenue to be assessed on each divided estate 
37. Circumstances to be considered in making partition. 
38. Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to     
Another sharer. 
39. Rule as to tanks, wells, water-courses, and embankments. 
40. Rule as to places of worship. 
41. Particulars to be contained in paper of partition to be submitted by officer making same. 
Map to be also submitted.
42. Procedure of Collector thereupon. 
43. Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; 
and may direct division by lot, under certain circumstances. 
44. Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on 
appeal.
45. Government  may  order  new  allotment  of  public  revenue  among  estates  formed  by 
partition, in case of fraud or error in original allotment being proved.
46. Consequence to party having interest in estate, if he neglect to affirm or establish such 
interest while estate under attachment with a view to partition.
47. Holder  of  decree  of  civil  Court,  awarding  right  to  portion  of  estate,  may  apply  for 
partition, and Collector may proceed thereon under Act.
48. Union in certain cases of severed portions of estates originally undivided. 
49. Application for such union how made, and how dealt with. 
50. [Repealed.] 
51. Provisions of Act applied to partition of estates held free from payment of revenue. 
52. Control of Collector’s proceedings under Act. 
53. Orders of Collector when open to revision by superior Revenue-authorities. 
54. What other officers may exercise power vested in Collector.  
55. Power to be exercised by Collector, or officer appointed to make partition. 
56. Power of officers exercising jurisdiction under Act, with regard to false evidence.  
57. Board of Revenue to be guided by instruction of Local Government. 
58. Interpretation. 
59. Territorial scope of Act. 



#THE PARTITION OF  REVENUE-PAYING ESTATES ACT, 1863 

##ACT NO. XIX OF 1863. 

*As affected by Acts No. XIV of 1870, No. XIX of 1873, and No. XVIII of 1876.*
____________ 

###PASSED BY THE GOVERNER GENERAL OF INDIA IN COUNCIL. 

*(Received the assent of the Governor General on the 10th March, 1863.)*
____________ 

An Act to Consolidate and amend the Law relating to the Partition of Estates paying Revenue 
to  Government  in  the  North-Western  Provinces  of  the  Presidency  of  Fort  William  in 
Bengal. 

**Preamble.** —WHEREAS it is expedient to consolidate and amend the law relating to the partition of 
estates  paying  revenue  to  Government  in  the  North-Western  Provinces  of  the  Presidency  of  Fort 
William in Bengal; It is enacted as follows :—

I. *[Repealed by Act No. XIV of 1870.]*

II. **Future  partitions  to  be  made  under  provisions  of  Act.** —  All  Partitions  of  estates  which 
shall be ordered to be made by the officers of Government after the passing of this Act, shall be made 
under the provisions of this Act, whatever may be the tenure of the estate ordered to be divided.

III. **What parties entitled to partition.** — Every recorded proprietor of a joint undivided estate 
paving  Revenue  to  Government,  or  of  any  portion  thereof,  whether  such  estate  is  held  in  common 
tenancy or otherwise, is entitled to claim partition under this Act.

IV. **Parties desirous of partition to apply to Collector in writing.** — When any one or more of 
the recorded proprietors of an estate, as described in the last preceding Section, shall desire to have his 
or  their  shares  of  the  estate  separated,  in  order  that  he  or  they  may  hold  the  same  as  a  separate 
property, or as separate properties, such proprietor or proprietors shall make a written application for 
the purpose to the Collector of the District.

Any two or more proprietors may apply to have their shares separated, and to hold the same as a 
joint estate. 

V. **Application to be  signed,  and  certain  particular  specified.** —  The  application  shall  be 
signed by the party or parties applying for the partition, and shall specify the nature of the tenure of 
the estate sought to be divided.  

The names of all the co-sharers in the estate, the nature and extent of their respective shares so far 
as the same may be known to the applicant or applicants, or can be ascertained by him or them, and 
the mode of partition desired, shall also be stated. 

**Otherwise may be rejected.**—  If  the  application  does  not  contain  the  particulars  above-
mentioned, the Collector may reject it. 

VI. **Procedure of Collector or on receipt of application.** — The Collector, on the receipt of an 
application for partition, shall, if the application be in order, and not open to objection on the face of 
it,  publish  a  Notification  of  the  same  at  his  Office,  and  at  some  conspicuous  place  on  the  estate  to 
which the application relates, and shall invite any party in possession, who may not have joined in the 
application, and who may object to the partition applied for, to appear before him either in person or 
by a duly constituted agent, on a day to be specified in the Notification, not being less than fifteen, or 
more than thirty days from the date of the Notification, and state his objection. 

**Notice to proprietors who have not joined therein.**— If the application for partition shall not 
have been made by all the recorded proprietors of the estate, notice of the application shall be served, 
in the manner usual in the District for serving notices of the Revenue Officers, on such of the recorded 
proprietors of the estate as shall not have joined in the application. 

**Proclamation in case of service of notice being impracticable.**— Provided  that,  if  from  any 
cause such service cannot take place, a proclamation notifying such application shall be published, by 
affixing it at the Maal - Cutcherry of such estate, or other conspicuous place thereon, or at the village 
Chourie, Choupal, or other conspicuous place in each village in such estate.

VII. **In case  of  valid  objection  being  made  within  time  allowed,  application  may  be 
refused.** —  If  any  objection  be  made  to  the  partition,  by  any  party  in  possession,  within  the  time 
allowed, and the Collector, on a consideration of such objection, be of opinion that there is any good 
and  sufficient  reason,  not  inconsistent  with  the  provisions  of  this  Act,  why  the  partition  should  be 
absolutely disallowed, he may refuse the application, recording the grounds of his refusal.

VIII. **Procedure if question of title, or of proprietary right, be raised.** — If the objection raise 
any question of title, or of proprietary right, which shall not appear to have been already determined 
by a Court of competent Jurisdiction, the Collector may either decline to grant the application until the 
question in dispute shall have been determined by a competent Court, or he may proceed to inquire 
into the merits of the objection.

In the latter  case the  Collector,  after  making  the  necessary  inquiry  and  taking  such  evidence  as 
may be adduced, shall record a proceeding declaring the nature and extent of the interests in the actual 
possession of the party or parties applying for the partition, and any other party or parties who may be 
affected thereby. 

**Reference to arbitrators.**— The procedure to be observed by the Collector in trying such cases 
shall  be  that  laid  down  in  Act  XIV  of  1882 *(to  consolidate  and  amend  the  laws  relating  to  the 
procedure of the Courts of Civil Judicature)* for the trial of original suits, and the Collector shall have 
power  to  refer  any  question  that  may  arise  in  such  case  to  arbitration,  and  the  provisions  of                  
Chapter  XXXVII  (reference  to  arbitration)  of  the  Code  of  Civil  Procedure  shall  apply  to  so  cases 
referred by a Collector.

IX. **Decision of Collector equivalent to decision of civil Court, and open to appeal.**—  All 
orders and decisions passed by the Collector under the last preceding Section, for declaring the rights 
of parties, shall be held to be decisions of a Court of Civil Judicature of first instance, and shall be 
open  to  appeal  to  the  District  or  Sadr  Court,  according  to  the  value  of  the  claim,  under  the  rules 
applicable to regular appeals to those Courts. 

**Appellate Court may, on appeal, stay partition.**— Upon such appeal being made, the District 
or  sadr  court,  as  the  case  may  be,  may  issue  a  precept  to  the  Collector,  desiring  him  to  stay  the 
partition pending the decision of the appeal.

X. **Special Appeal to Sadr Court.**—  From  every  decision  passed  under  the  last  preceding 
Section by a District Court, a special appeal shall lie to the  Sadr Court, under the rules for the time 
being in force relating to special appeals to that Court. 

XI. **Civil Court to entertain suits only on appeal from decision of Collector.**— It shall not be 
competent to the Civil Court to entertain a suit, or application for the partition of an estate, except on 
appeal from the decision of the Collector as herein before provided, anything contained in Section 265 
Act XIV of 1882 (to consolidate and amend the laws relating to the procedure of the Courts of Civil 
Judicature) to the contrary notwithstanding.

XII. **Notification on partition being ordered.** —  When  the  Collector,  after  disposing  of  the 
objections  (if  any)  taken  to  the  partition,  shall  order  a  partition  to  be  made,  he  shall  cause  a 
Notification to be published in his own Office, in the District Court, and at some conspicuous place on 
the estate which is to be divided, intimating his intention to proceed with the partition after thirty days 
from the date of the Notification.

XIII. **Partition by whom carried out.**— The partition shall be made by the Collector in whose 
District the estate is situate, or, if the estate be situate in two or more Districts, then by the Collector 
of any one of such Districts, who may be specially ordered by the Commissioner of the Division, to 
superintend the partition.

If the estate be situated in two or more Divisions, the partition shall be made by such Collector as 
the Board of Revenue shall order. 

XIV. **Assessment and levy of costs incurred in making partition.**— The expense of making the 
partition,  and the  allowances  of the  establishment  necessary  for the  measurement and survey  of  the 
lands, the preparation of papers, and any other charges, shall be fixed by the Collector.  

The amount shall be paid under such rules as may from time to time be laid down by the Board of 
Revenue  with  the  sanction  of  the  Local  Government,  and,  in  default  of  payment,  may  be  realized 
under the rules applicable to the recovery of arrears of rent or Revenue.

XV. **Partition may be stayed, and proceedings quashed, by Commissioner.**— At any stage of 
the  proceedings  after  a  partition  shall  have  been  ordered,  if  it  shall  appear  from  information  which 
was not before the Collector at the time the partition was ordered, or otherwise, that any reason not 
inconsistent with the provisions of this Act exists, why the partition should not be proceeded with, it 
shall be competent to the Commissioner, on the report of the Collector, and subject to any orders that 
the Board of Revenue may pass in the case, to stay the partition, and to order the proceedings to be 
quashed.

**Decision not open to revision, by Civil Court.**— The decision of the Revenue Authorities under 
this Section shall not be open to revision by the Civil Court.

XVI. **Procedure after lapse of period mentioned in notification under section XII**— After the 
expiration  of  the  period  mentioned  in  the  Notification  referred  to  in  Section  XII  of  this  Act,  the 
Collector shall, if necessary, cause a measurement of all the lands comprised in the estate to be made, 
and a rent-roll of the same to be prepared.

The village - papers which are required to be prepared and periodically deposited in the Office of 
the Collector, under the provisions of Sections XI and XII , Regulation IX, 1833 *(to modify certain 
portions  of  Regulation  VII,  1822,  and  Regulation  IV,  1828;  to  provide  for  the  more  speedy  and 
satisfactory  decision  of  Judicial  Questions  cognizable  by  Officers  of  Revenue  employed  in  making 
Settlements under the above Regulations; for enforcing the production of the village accounts; for the 
more extensive employment of Native Agency in the Revenue Department; and to declare the intent of 
Section V, Regulation VII, 1822, touching claims to Malikana), may be used for the purposes of this 
Act.*

Provided that any of the proprietors shall be permitted to file a rent-roll of the estate, which shall 
be accepted if acknowledged to be correct by all the proprietors. 

XVII. **Examination of parties and their papers.** — The Collector may examine the parties on 
solemn affirmation in regard to the papers produced before him, whether by the Officer appointed to 
make the partition, the proprietors, or otherwise.

He shall also allow any shareholder to examine the papers so produced, and to take a copy of the 
same,  and  after  such  examination  he  shall  hear  any  objections  which  any  of  the  shareholders  may 
make in respect to such papers. 

The Collector may direct any Deputy Collector or other Officer subordinate to him to examine the 
papers produced before him, and to make a report upon the same. 

XVIII. **Option  of  settlement  by  private  agreement.  procedure  in  case  of  refusal  or       
default.** — The  Collector,  on  the  completion  of  the enquiry  allowed  by  the  last  preceding  Section, 
shall allow the parties the option of making a private partition of the estate and allotment of the public 
Revenue amongst themselves, within such time as he may fix, or, if the parties shall not consent to 
make a private partition of the estate, or shall fail to make such partition within the time fixed by the 
Collector, the Collector shall call upon them to state whether they are willing to refer the partition of 
the estate, and the apportionment of the public Revenue, to an arbitrator or arbitrators to be appointed 
by them.  

The Collector may also offer the parties the option of referring any point arising in the course of a 
partition to arbitration.  

The partition and allotment of the public Revenue made by the parties, or by arbitrators appointed 
by  them,  shall  be  subject  to  the  confirmation  of  the  Collector,  and  the  orders  of  the  superior                    
Revenue - Authorities.

XIX. **If Parties cannot agree as to arbitrators, later may be appointed by Collector.**— If the 
parties  consent  to  refer  the  partition  of  the  estate,  and  the  allotment  of  the  public  Revenue,  or  any 
point arising in the course of the partition, to arbitration, but they cannot agree amongst themselves as 
to the arbitrator or arbitrators to be appointed, the Collector may appoint two or more persons to be 
arbitrators in the case.

**In case of equality of votes, Collector to act as umpire.**— If the arbitrators are equally divided 
in  opinion,  the  Collector  shall  act  as  umpire,  and  the  partition  made  by  the  arbitrator  or  arbitrators 
with whom the Collector shall concur, shall be the partition in the case.

The same rule shall apply in respect of any point arising in the course of a partition, which shall 
be referred to arbitration.

XX. **Appointment in place of arbitrator refusing, or being unable, to act.**— If any person, on 
being  appointed  an  arbitrator,  shall  refuse  to  act,  or,  after  accepting  the  appointment,  shall  the  or 
become  incapable  of  acting,  another  person  shall  be  appointed  arbitrator  in  his  stead,  in  the  same 
manner in which the first person was appointed.

XXI. **Powers of Collector with regard to arbitrators** —  After  the  arbitrators  shall  have 
accepted the appointment, the Collector shall transmit the whole of the papers to them, and it shall be 
competent  to  the  Collector  to  exercise  towards  the  arbitrators  the  same  powers  and  authority  for 
securing their attendance, and the due completion of their award, which he is competent to exercise 
towards witnesses summoned before him when acting judicially, for the purpose of compelling them 
to attend and give evidence.  

The Collector shall also fix a time within which the arbitrator or arbitrators shall deliver the paper 
of partition. On sufficient cause shown, the Collector may extend such period. 

XXII. **Particulars to be specified in partition paper.**— The arbitrators shall deliver a full and 
complete  paper  of  partition,  specifying  the  separate  estates  into  which  they  propose  that  the  estate 
shall be divided, the names of the parties to whom the several estates are proposed to be allotted, and 
the amount of public Revenue to be assessed on each of such estates. 

XXIII. **Remuneration of arbitrators.**— The arbitrators, on delivering the paper of partition as 
aforesaid,  shall  be  entitled  to  reasonable  fees  for  their  services,  the  amount  to  be  fixed  by  the 
Collector.

XXIV. **In default of award by first arbitrators, partition may be referred to others.**— If the 
paper of partition be not delivered within the time fixed by the Collector, or within any further period 
to which the time may have been extended, the Collector may order that the partition shall be referred 
to another arbitrator or arbitrators, to be chosen in the same manner and subject to the same rules as 
the first. 

XXV. **In default of private agreement, or settlement by arbitration, Officer may be 
appointed to make partition.**—  If  the  partition  of  the  estate  cannot  be  made  by  the  parties 
themselves, or by arbitration, under the foregoing rules, the Collector shall appoint an Officer to make 
the  partition,  and  shall  forward  the  whole  of  the  papers  to  such  Officer,  and  shall  direct  him  to 
proceed to the estate, and to make the partition within a time to be fixed by the Collector. 

XXVI. **Who shall summon proprietors by proclamation to attend proceedings.**— The Officer 
appointed to make the partition shall issue a proclamation at the Maal-Cutcherry of the estate, or other 
conspicuous place thereon, or at the village Chaunri, or Chaupal, requiring the several proprietors of 
the estate to attend upon him in person, or by agent, during the time that the partition is being made. 

XXVII. **Estate  may  be  attached  and  brought  under  khas  management  under 
superintendence of Officer.**— At the commencement of the Revenue year current in the District, the 
Collector may direct the Officer appointed to make the partition, or some other person, to attach the 
estate, and to bring it under khas management under the personal superintendence of such Officer.  

The collections of the estate, after defraying the expenses of management, and any other expenses 
with which the estate is chargeable, shall be applied to the payment of the Government Revenue, and 
the residue shall be divided amongst the proprietors in proportion to their respective shares, at such 
periods as the Collector may see fit.

XXVIII. **Procedure  in  case  of  arrears  of  revenue  accruing  during  course  of  partition  of 
estate.**— If  an  arrear  of  public  Revenue  shall  accrue  on  an  estate  ordered  to  be  divided,  while  the 
partition of the estate is being made, any one or more of the proprietors may tender to the Collector 
his or their quota of the balance, and the Collector shall receive the same, and credit the amount to the 
share or shares of such proprietor or proprietors.

If a sale of any part of the estate shall ultimately become necessary for the liquidation of any part 
of such arrear which may  remain due, only the share or shares of the proprietor or proprietors who 
shall not have contributed their quota of the balance shall be sold in the first instance, and the partition 
shall go on and be completed, in the same manner as if no arrear of public Revenue had accrued.

The purchaser or purchasers of the share or shares sold shall be entitled to separate possession of 
the estate or estates which, under the partition, would have been allotted to the defaulting proprietor or 
proprietors.

Provided always that, in all cases of a partition, the entire estate shall be considered responsible 
for the public Revenue assessed upon it, until the partition shall have been completed, and the several 
proprietors  shall  have  been  put into  possession  of the  separate estates into  which  the  estate  may  be 
ordered to be divided, according as the same may be allotted to them.

XXIX. **Powers of Officer charged with partition, in respect of measurement, &c.**—  If  the 
Officer appointed to make the partition shall consider it necessary, to assist him in making the same, 
to cause a detailed measurement to be made of all the lands comprised in the estate, or a map of the 
estate to be prepared, he shall exercise the same powers for making such measurement and map as are 
vested in the Collector by any law for the time being in force.

XXX. **Division of lands held in common.**— When some of the lands forming the estate are held 
in common, the Collector shall declare, by a proceeding to be held under the provisions of this Act, 
the principle and rule under which, in accordance with the village custom, such lands shall be divided; 
and he shall cause the partition of such lands to be made in conformity to the provisions of this Act.

The portion of the common land falling by such partition to the shares of the several co-sharers 
shall  be  added  to  the  lands  held  by  them  in  severalty,  and  the  several  estates  thus  formed  shall  be 
assessed and declared separate estates. 

**Proviso.**—  Provided  that  it  shall  be  in  the  discretion  of  the  Collector  to  cause  any  transfer  of 
lands, agreed to by the parties, to be made previous to such declaration, and the new estate shall be 
declared subject to the transfer so made.

XXXI. **Collector may refuse to separate lands in certain cases.**— The Collector may refuse to 
declare  any  lands  held  in  severalty,  and  not  liable  to  re-distribution  according  to  special  village 
custom,  a  separate  mehal,  if the lands be so intermixed with other properties as to render the 
formation of a compact estate impossible, and if the parties affected by the partition decline to permit 
of the transfers necessary for curing such defect. 

XXXII. **Where  no  lands  held  in  common,  lands  in  severalty  may  be  declared  a  separate 
estate.**— Where there may be no lands held in common, the lands in severalty, held by the applicant 
for partition, or assigned to him by the Collector under the provisions of this Act, shall be assessed 
and declared a separate estate. 

**Proviso as to transfer.**— Provided that it shall be in the discretion of the Collector to cause any 
transfer of lands, agreed to, or directed by his order, as provided in Section XXX, to be made previous 
to such declaration, and the new estate shall be declared subject to the transfer so made.

XXXIII. **Sharer failing to attend after proclamation, liable to forfeit right of objection.**— If 
any  sharer,  after the  issue of the  proclamation  mentioned in  Section XXVI  of this  Act,  shall  fail to 
attend  the  Officer  appointed  to  make  the  partition  during  the  time  the  partition  is  being  made,  no 
objection  taken  by  such  sharer  to  the  partition  shall  be  heard,  unless  such  sharer  can  show  that  his 
absence was not wilful, or unless for any good and sufficient reason it shall appear just and proper to 
allow him to be heard against the partition.

XXXIV. **Partition may be stayed if parties so desire.**— If, at any time after an order shall have 
been passed for making a partition, it shall appear, either from the report of the Officer appointed to 
make the partition, or from any other information, that the parties are not desirous that the partition 
should proceed, it shall be competent to the Collector, with the sanction of the Commissioner, to stop 
the partition, and to strike the case off the file,

**Recovery of costs.**— recovering from the sharers all costs and expenses incurred up to that time.

XXXV. **Estates formed in course of partition to be as compact as possible.**— It shall be the 
duty of the Officer appointed to make the partition, so far as circumstances will admit, to take care 
that the estates into which the estate is divided shall consist of contiguous mehals or villages.  

Provided  that,  if  the  estate  ordered  to  be  divided  shall  not  consist  of  a  sufficient  number  of 
villages to admit of one or more entire village or villages being included in each estate, the partition of 
the village or villages of which the estate shall consist shall be made so as to render each estate as 
compact as possible. 

XXXVI. **Revenue to be assessed on each divided estate.**— The public Revenue  shall  be 
assessed on each estate into which the property shall be ordered to be divided, in conformity to the 
rules contained in any law for the time being in force.

XXXVII. **Circumstances to be considered in making partitions.**— In selecting the villages or 
lands to be included in each separate estate,  

the advantages or disadvantages arising from situation;  

the vicinity of roads, Railways, navigable rivers, or canals; 

the nature and quality of the soil and produce;  

the quantity of culturable and unculturable waste land; 

the depth at which water may be procurable; 

the number of tanks and wells;  

the state of the embankments and water-courses; and 

 	any other local circumstances affecting the present, or likely to influence the future, value of the 
lands, shall be duly considered: 

	and the villages or lands to be included in each estate shall be fairly and impartially selected.  

	So far as may be practicable, and consistent with compactness of partition, lands held in  severalty 
shall be left in the possession of the parties holding the same.
 
XXXVIII. **Rule when dwelling-house belonging to one sharer, is situate on ground  to  be 
allotted to another sharer.**— If a dwelling-house belonging to  one  sharer  shall  be  situate  on  any 
land,  or  in  any  village,  which  it  may  be  necessary  to  include  in  the  share  of  another  sharer,  the 
proprietor  of  such  house  shall  be  at  liberty  to  retain  it,  with  the  offices,  buildings,  and  grounds, 
immediately attached thereto, upon agreeing to pay to the proprietor of the land or village in which 
the same is situate an equitable rent for the ground.  

The limits of the ground and the rent to be paid for it shall be fixed by the Officer making the 
partition, and shall be stated in the paper of partition. 

XXXIX. **Rule as to tanks, wells, water-courses, and embankments.**— Tanks,  wells,  water-
courses, and embankments, shall be considered as attached to the land for the benefit of which they 
were originally made.

In  cases  in  which,  from  the  extent,  situation,  or  construction  of  such  works,  it  shall  be  found 
necessary  to  continue  them  the  joint  property  of  the  proprietors  of  two  or  more  of  the  estates  into 
which  the  estate  may  be  divided,  the  paper  of  partition  shall  specify,  as  far  as  circumstances  may 
admit, the extent to which the proprietors of each of such estates may make use of the same, and the 
proportion of the charges for repairs to be borne by them respectively. 

XL. **Rule as to places of worship.**— Places of worship, which shall have been held in common 
previous to the partition of an estate, shall continue to be so held, unless the parties shall otherwise 
agree  amongst  themselves,  in  which  case  they  shall  state  in  writing  the  agreement  into  which  they 
have entered, and the Officer making the partition shall enter a note of the agreement in the paper of 
partition.

XLI. **Particulars to be contained in the paper of partition to be submitted by Officer making 
same.**—  When  the  Officer  appointed  to  make  the  partition  shall  have  completed  the  partition,  and 
allotted  the  public  Revenue  on  each  of the  estates  into  which it  is  proposed that  the  estate  shall  be 
divided, he shall prepare and submit to the Collector a paper of partition, showing how he proposes to 
divide the estate, and to apportion the public Revenue.  

	This paper shall specify  

the names of the Mehals or villages included in each separate estate;  

the  gross  produce  of  each  Mehal  and  village  for  the  three  years  immediately  preceding  the  year  in 
which the partition is ordered to be made;

the  names  of  the  parties  to  whom  the  several  estates  are  allotted,  and  the  proportion  of  the  public 
Revenue  proposed  to  be  assessed  on  each  of  such  estates,  with  any  remarks  regarding  the  mode 
observed  in  selecting  the  lands  included  in  each  estate,  and  the  accounts  upon  which  the 
apportionment of the public Revenue assessed thereon shall have been based, as may be necessary for 
the information of the Collector.

	The paper shall further contain a detail of the adjustments, if any, which shall have been made in 
respect to any tanks, places of worship, or other matters, as specified in the preceding Sections. 

**Map to be also submitted.**— The Officer appointed to make the partition shall also submit  a 
map, showing the several estates into which the estate is proposed to be divided. 

XLII. **Procedure of Collector thereupon.**—  The  Collector  shall  take  into  consideration  the 
partition  proposed  by  the  Officer  appointed  to  make  the  partition,  and,  after  calling  for  any  further 
information which he shall deem necessary, and disposing of any objections which shall be taken to 
the partition, and allotment of public Revenue, as proposed by such Officer, he shall submit a report 
to the Commissioner, together with such of the papers of the case as shall appear to him essential. 

He shall also forward a list of the papers not sent.

The  Collector  shall  record  his  opinion  whether  the  proposed  partition  should  be  confirmed  or 
modified,  and  in  the  latter  case,  he  shall  state  the  nature  of  the  modification  which,  in  his  opinion, 
should be made.
 
XLIII. **Commissioner  may  confirm  or  modify  partition,  subject  to  appeal  to  Board  of 
Revenue;** — The Commissioner shall either uphold the partition proposed by the Collector, or modify 
the same. The decision of the Commissioner shall not be open to revision by the Civil Court, but shall 
be subject to appeal to the Board of Revenue. 

The Commissioner, before coming to a decision, may call for any additional papers, or direct any 
further inquiry that he shall consider necessary. 

And  may  direct  division  by  lot  under  certain  circumstances.—  He  may  also,  if  he  think 
proper, direct that, when two or more of the estates into which it is proposed to divide the estate shall 
consist of the same proportions of the entire estate, the parties entitled thereto shall draw lots for the 
same before the Collector.

XLIV. **Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue 
on  appeal.**—  On  the  receipt  of  the  order  of  the  Commissioner  or  if  an  appeal  be  preferred  to  the 
Board of Revenue, then, of the order passed on the appeal, the Collector shall cause the same to be 
published in his Office, and in some conspicuous place in each of the estates separately constituted by 
such order. 

The Collector shall at the same time specify the date from which each of the estates shall be held 
to be a separate estate, and shall enter the several estates into which the estate has been divided in the 
Register of Estates paying Revenue to Government. 

The Collector shall give the several proprietors possession of the estates allotted to them, and, if 
necessary, may avail himself of the assistance of the Magistrate in giving possession. 

XLV. **Government  may  order  new  allotment  of  public  Revenue  among  estates  formed  by 
partition, in case of fraud or error in original allotment being proved.**—  In  order  to  prevent 
collusion or error in the distribution of the public Revenue assessed upon an estate which may ordered 
to  be  divided  into  two  or  more  distinct  estates,  if  it  shall  be  proved  to  the  satisfaction  of  the 
Government,  within  twelve  years  from  and  after  the  date  of  confirmation  of  the  partition,  that  the 
public  Revenue  was  fraudulently  or  erroneously  apportioned  at  the  time  of  the  partition,  the 
Government shall have power to order a new allotment of the public Revenue upon the several estates 
into which such estate may have been divided, conformably to the principles prescribed in this Act, on 
an estimate of the gross produce of each estate at the time of the partition, to be made agreeably to the 
best evidence and information which may be procurable respecting the same. 

Such order shall not be liable to be contested in the Civil Court. 

The parties whose estates may be declared to have been under-assessed shall be-required to pay to 
the  proprietors  of  the  estates  which  shall  have  been  over-assessed,  the  sum  in  which  they  shall  be 
found  to  have  been  over-assessed,  and  in  default  of  payment,  the  amount  shall  be  leviable  by  the 
process prescribed for the recovery of arrears of rent or Revenue. 

XLVI. **Consequence to party having interest in any estate, if he neglect to affirm or establish 
such interest while the estate is under attachment with a view to partition.**— If, during the time 
an estate is under attachment with a view to the partition of the same, any party shall neglect or omit 
to claim, by a suit, any right or title he may then have to the ownership or occupancy, at a fixed rent, 
of any land situated in such estate, or any other interest therein, such, neglect or omission shall be a 
valid  plea  in  bar  of  any  suit  relating  to  such  right,  title,  or  interest,  unless  the  party  can  satisfy  the 
Court that there was good and sufficient reason for his neglect or omission to institute the suit at or 
before such time. 

Provided  that  this  Section  shall  not  bar  any  action  for  arrears  of  rent,  or  the  enhancement  or 
alteration of rent. 

XLVII. **Holder of decree of Civil Court, awarding right to portion of an estate, may apply for 
partition, and Collector may proceed thereon under Act.**—  Whenever  any  Court  of  Civil 
Judicature shall pass a decree, awarding to any person the proprietary right in a portion of an estate 
paying Revenue to Government, whether the portion so awarded shall consist of a fractional share in 
the whole, or a part, of the estate, or of specific lands, the decree-holder may apply to the Collector for 
a partition of the estate;

and on the receipt of such application, the Collector shall proceed thereupon under the provisions 
of this Act, which are hereby declared applicable to such applications. 

XLVIII. **Union in certain cases of severed portions of estates originally undivided.**— If two or 
more estates,  which  may  have  originally  formed  portions  of  the  same  estate,  shall  come  into  the 
possession of one person, such person shall be entitled to have such estates united, and to hold them 
as a single estate; 

or  if  two  or  more  persons  shall  have  separate  possession  of  their  respective  shares  of  an  estate 
which  was  originally  held  as  a  joint  undivided  estate,  such  persons  may  apply  to  have  their  shares 
united, and to hold them as one estate. 

XLIX. **Application for such union how to be made, and how to be dealt with.**— The 
applications for the union of the estates, or of the shares of the estate, as the case may be, shall be 
made in writing to the Collector of the District in which the estates, or shares of the estate, are situate, 
and  the  Collector  (provided  he  see  no  objection)  shall  comply  with  the  application,  and  cause  the 
necessary entries to be made in the records of his Office, reporting the case to the superior Revenue 
Authorities. 

L. [Repealed by Act No. XIV of 1870.]

LI. **Provisions  of  Act  applied  to  partition  of  estates  held  free  from  payment  of 
Revenue.**— The provisions of this Act may, in so far as the same are applicable be applied, by order 
of  the  Local  Government  to  the  partition  of  any  estate  held  free  from  the  payment  of  Government 
Revenue.

LII. **Control of Collector's proceedings under Act.**— In the performance of his duties under this 
Act,  the  Collector  shall  be  subject  to  the  general  direction  and  control  of  the  Commissioner  of  the 
Division, and the Board of Revenue.

LIII. **Orders  of  Collector,  except  in  certain  cases,  open  to  revision,  by  superior  Revenue 
Authorities.**— All orders passed by a Collector under this Act, unless otherwise provided, not being 
orders  or  decisions  within  the  meaning  of  Section  IX,  shall  be  open  to  revision  by  the  superior 
Revenue Authorities.

LIV. **What other Officers may exercise powers vested in Collector by this Act.**— The powers 
vested  in  a  Collector  by  this  Act  may  be  exercised  by  a  Deputy  Collector,  or  other  Officer,  vested 
with the full powers of a Collector, subject to the control of the Collector of the District. 

LV. **Powers to be exercised by Collector, or Officer appointed to make partition.**—  In 
carrying out the provisions of this Act, the Collector shall exercise the powers described in Regulation 
II, 1819, Regulation VII, 1822, and Regulations IX and XIV, 1825.

Any Officer appointed to make a partition under this Act may also exercise the powers described 
in the foregoing Regulations, so far as the same may be applicable. 

LVI. **Powers  of  Officers  exercising  jurisdiction  under  Act,  with  regard  to  false 
evidence.**— If, in any case in which a Collector or other Officer shall exercise Jurisdiction under this 
Act,  any  person  is  guilty  of  the  offence  of  giving  or  fabricating  false  evidence,  or  of  forgery,  as 
defined in the Indian Penal Code, or of abetting any of those offences, such Collector or other Officer 
shall have the same powers in respect of such offence, and of the person charged with, committing the 
same,  as  are  vested  by  the  Code  of  Criminal  Procedure  in  a  Civil  Court,  when  any  such  offence  is 
committed  before  or  against  such  Court,  or  when  a  document  charged  to  be  a  forgery  is  given  in 
evidence in any proceedings in such Court. 

LVII. **Board of Revenue to be guided by instructions of Local Government.**— In the execution 
of the duties vested in the Board of Revenue by this Act, the Board shall be guided by such orders or 
instructions as they may from time to time receive from the Local Government, to whom they shall 
apply in all cases which shall appear to the Board not to have been provided for by the existing law.
 
LVIII. **Interpretation.**— Unless there be something in the subject or context repugnant to such 
construction, words importing the singular number shall include the plural number,  and  words 
importing the plural number shall include the singular number; and 

words importing the masculine gender shall include females.

LIX. **Territorial scope of Act.**— This Act shall extend only to such parts of the North-Western 
Provinces of the Presidency of Fort William in Bengal as are subject to the general Regulations of that 
Presidency; but the Act may be extended, by order of the Local Government, either wholly or in part, 
to any Non-Regulation Province under such Government.